Can you be charged for the same crime after the judge declares a mistrial and the DA dismisses the case?

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Can you be charged for the same crime after the judge declares a mistrial and the DA dismisses the case?

Asked on May 17, 2015 under Criminal Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you can be re-charged, because a mistrial or a voluntary dismissal by the district attorney is not a determination or adjudication on the merits--i.e. there was no decision (guilty or not guilty in the case). Only when there was a not guilty verdict are the authorities barred from bringing a new case.


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